William Wilson v. State of Indiana

FILED
Nov 27 2017, 9:29 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Barbara J. Simmons Curtis T. Hill, Jr.
Oldenburg, Indiana Attorney General of Indiana
Christina D. Pace
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
William Wilson, November 27, 2017
Appellant-Defendant, Court of Appeals Case No.
49A02-1704-CR-841
v. Appeal from the Marion Superior
Court, Criminal Division 8
State of Indiana, The Honorable James Osborn,
Appellee-Plaintiff Judge
Trial Court Cause No.
49G08-1603-CM-10639
May, Judge.
Court of Appeals of Indiana | Opinion 49A02-1704-CR-841 | November 27, 2017 Page 1 of 3
[1] William Wilson appeals his conviction of Class A misdemeanor carrying a
handgun without a license. 1 Wilson argues the evidence was insufficient to
support the conviction because the State failed to show he acted intentionally or
knowingly. We affirm.
Facts and Procedural History
On March 18, 2016, William Wilson was pulled over while in possession of a
handgun. Wilson told the officer he had a license for the handgun. The license
Wilson produced had expired on March 12, 2016. Wilson was arrested,
charged, and found guilty of a Class A misdemeanor carrying a handgun
without being licensed.
Discussion and Decision
[2] Wilson argues the evidence was insufficient to support his conviction. When
considering the sufficiency of evidence, “a reviewing court does not reweigh the
evidence or judge the credibility of the witnesses.” McHenry v. State, 820 N.E.2d
124, 126 (Ind. 2005). We must affirm “if the probative evidence and reasonable
inferences drawn from the evidence could have allowed a reasonable trier of
fact to find the defendant guilty beyond a reasonable doubt.” Id. at 126(internal citation omitted).
1
Ind. Code § 35-47-2-1 (2014).
Court of Appeals of Indiana | Opinion 49A02-1704-CR-841 | November 27, 2017 Page 2 of 3
[3] “[A] person shall not carry a handgun in any vehicle or on or about the person’s
body without being licensed[.]” Ind. Code § 35-47-2-1(a) (2014). Wilson
admitted being in possession of a handgun on March 18, 2016. The license he
gave the officer expired on March 12, 2016. Therefore, Wilson possessed a
handgun without being properly licensed. Without a valid license, Wilson was
in violation of the law. 2
Conclusion
[4] The evidence demonstrates Wilson possessed a handgun without being properly
licensed. Thus, the evidence is sufficient to support his conviction, and we
affirm.
[5] Affirmed.
Barnes, J., and Bradford, J., concur
2
Wilson also argues Indiana Code Section 35-47-2-1 “requires proof of a culpable mental state.”
(Appellant’s Br. at 8.) As explained in R.T. v. State: “[B]ecause the crime is defined as carrying a handgun
without also possessing a valid license, only presentation of a license that was valid at the time the handgun
was carried would negate the crime.” 848 N.E.2d 326, 330-31 (Ind. Ct. App. 2006), trans. denied. Wilson’s
knowledge whether his license expired is not an element of the crime.
Court of Appeals of Indiana | Opinion 49A02-1704-CR-841 | November 27, 2017 Page 3 of 3